Sec. 1526. RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT
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## SEC. 1526 RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT ###
(a)Release Prevention and Compliance Subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended by adding at the end the following: > > ## “SEC. 9011 USE OF FUNDS FOR RELEASE PREVENTION AND COMPLIANCE > > “Funds made available under section 9014(2)(D) from the Trust Fund may be used to conduct inspections, issue orders, or bring actions under this subtitle— > > > #### “(1) > > by a State, in accordance with a grant or cooperative agreement with the Administrator, of State regulations pertaining to underground storage tanks regulated under this subtitle; and > > > #### “(2) > > by the Administrator, for tanks regulated under this subtitle (including under a State program approved under section 9004).” > . ###
(b)Government-Owned Tanks Section 9003 of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding at the end the following: > > ### “(i) Government-Owned Tanks > > > #### “(1) State compliance report > > > #####
(A)> > Not later than 2 years after the date of enactment of this subsection, each State that receives funding under this subtitle shall submit to the Administrator a State compliance report that— > > > ###### “(i) > > lists the location and owner of each underground storage tank described in subparagraph
(B)in the State that, as of the date of submission of the report, is not in compliance with section 9003; and > > > ###### “(ii) > > specifies the date of the last inspection and describes the actions that have been and will be taken to ensure compliance of the underground storage tank listed under clause
(i)with this subtitle. > > > ##### “(B) > > An underground storage tank described in this subparagraph is an underground storage tank that is— > > > ###### “(i) > > regulated under this subtitle; and > > > ###### “(ii) > > owned or operated by the Federal, State, or local government. > > > ##### “(C) > > The Administrator shall make each report, received under subparagraph (A), available to the public through an appropriate media. > > > #### “(2) Financial incentive > > The Administrator may award to a State that develops a report described in paragraph (1), in addition to any other funds that the State is entitled to receive under this subtitle, not more than $50,000, to be used to carry out the report. > > > #### “(3) Not a safe harbor > > This subsection does not relieve any person from any obligation or requirement under this subtitle.” > . ###
(c)Public Record Section 9002 of the Solid Waste Disposal Act (42 U.S.C. 6991a) is amended by adding at the end the following: > > ### “(d) Public Record > > > #### “(1) In general > > The Administrator shall require each State that receives Federal funds to carry out this subtitle to maintain, update at least annually, and make available to the public, in such manner and form as the Administrator shall prescribe (after consultation with States), a record of underground storage tanks regulated under this subtitle. > > > #### “(2) Considerations > > To the maximum extent practicable, the public record of a State, respectively, shall include, for each year— > > > ##### “(A) > > the number, sources, and causes of underground storage tank releases in the State; > > > ##### “(B) > > the record of compliance by underground storage tanks in the State with— > > > ###### “(i) > > this subtitle; or > > > ###### “(ii) > > an applicable State program approved under section 9004; and > > > ##### “(C) > > data on the number of underground storage tank equipment failures in the State.” > . ###
(d)Incentive for Performance Section 9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e) is amended by adding at the end the following: > > ### “(e) Incentive for Performance > > Both of the following may be taken into account in determining the terms of a civil penalty under subsection (d): > > > #### “(1) > > The compliance history of an owner or operator in accordance with this subtitle or a program approved under section 9004. > > > #### “(2) > > Any other factor the Administrator considers appropriate.” > . ###
(e)Table of Contents The table of contents for such subtitle I is amended by adding the following new item at the end thereof:" “Sec. 9011. Use of funds for release prevention and compliance.” ".
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Sec. 1526
RELEASE PREVENTION, COMPLIANCE, AND ENFORCEMENT
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